(a)
The
following accessory uses are permitted in any lot yard within any
zoning district:
(1)
Arbors
or trellises,
(2)
Air
conditioning and mechanical equipment shelters/enclosures,
(3)
Boardwalks,
(4)
Driveways,
(5)
Fences
and hedges,
(6)
Flagpoles,
(7)
Garden,
(8)
Lampposts,
(9)
Landscaping,
(10)
Lawn furniture, such as benches, sundials, birdbaths, and similar
architectural features,
(11)
Mailboxes,
(12)
Ornamental/landscaping lights,
(13)
Play equipment and playhouses,
(14)
Public utility installations for local service (such as poles, lines,
hydrants, pump enclosures, and telephone booths, lift stations, generators),
(15)
Retaining walls,
(16)
Sidewalks,
(17)
Steps,
(18)
Streets,
(19)
Terraces, patios, and outdoor fireplaces,
(20)
Tennis courts, private,
(21)
Trees, shrubs and flowers[.]
(b)
Other
accessory buildings, structures, and uses shall be permitted based
upon the regulations of this article.
(Ordinance 99-0928-A adopted 10/12/21)
The following regulations shall apply to buildings accessory
to residential uses, such as garages, storage sheds, pole barns, gazebos
and roofed buildings. These regulations do not apply to commercial,
office, institutional or industrial accessory buildings.
(a)
Relation
to Principal Building.
Detached garages, storage buildings,
gazebos or other accessory structures shall not be constructed on
a lot unless a residence already exists on the lot. An accessory building
may be located on an adjacent lot that is under the same ownership
and contiguous with the lot containing the residence.
(b)
Number
of Accessory Buildings.
There shall be no more than one
(1) detached accessory building per lot, including adjacent lots or
lots across the street. One (1) gazebo and one (1) shed less than
100 square feet may be permitted in addition to the accessory building.
(c)
Locations
for Detached Accessory Buildings.
Detached accessory
buildings, storage sheds and gazebos shall only be located as follows:
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Table 13.1. Accessory Building Locations Setback (1, 2)
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Locations Permitted
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Minimum Setback from Lot Line
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Front Yard
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Not Permitted (3) [sic]
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Side Yard
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Zoning District Setback
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Rear Yard
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3 Feet from Rear Lot Line
3 Feet from Side Lot Line
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Corner Lot Side-Street Yard
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Front Yard setback of Zoning District
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(1)
Accessory
buildings shall not be located within a dedicated easement or right-of-way.
(2)
Detached
accessory buildings shall be set back a minimum of 5 feet from the
principal residential building. Each accessory structure must stand
on its own and may not be constructed or attached to any other structure
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(e)
Use.
Accessory buildings shall not be occupied for residential, domicile
or dwelling purposes. Accessory buildings shall not have plumbing
for sewer or water. This restriction shall not apply where a special
use has been granted for an accessory dwelling.[2]
(f)
Attached
Garages.
Garages that are structurally attached to a
principal building by connection of walls or a roof shall be subject
to, and must conform to, all regulations of this Ordinance applicable
to the principal building, including setbacks and lot coverage. Attached
garages shall not exceed the height of the living portion of the principal
structure/residence.[3]
(Ordinance 99-0928-A adopted 10/12/21)
(a)
Front
Yard.
An open, unenclosed porch, patio or terrace may
project into a required front yard setback for a distance not exceeding
12 feet, including side streets on corner lots. The porch may have
a roof and railing; however, a porch that is enclosed by walls or
windows shall be subject to the front yard setback applicable to the
principal building, as set out in the applicable zoning district.
(b)
Side
Yard.
Decks and porches must not be closer to an interior
side lot line than the minimum required side yard setbacks that apply
to the principal structure on the property, as set out in the applicable
zoning district.
(c)
Rear
Yard.
Decks, open, unenclosed and uncovered porches,
patios and terraces may project into a required rear yard setback
for a distance not exceeding 10 feet.
(d)
Second-Story
Decks.
Second-story decks, including any walkway connecting
the second-story deck to a first-story deck, a ground-level deck,
or a deck located above a walk-out basement, may extend into the rear
yard setback, provided it does not extend more than 10 feet from the
rear of the dwelling.
(e)
Privacy
Fences and Screens.
Any privacy fence or privacy screen
attached to a deck or porch shall be permitted in the side or rear
yard, not exceeding six (6) feet in height measured from the ground
below.
(Ordinance 99-0928-A adopted 10/12/21)
(a)
Location.
Swimming pools, spas, hot tubs and similar devices shall not
be located in any front yard. Swimming pools, spas, hot tubs and similar
devices shall be set back at least 10 feet from the rear lot line
and meet the side yard setback of the zoning district it is within.
(b)
Security
Fencing.
All outdoor swimming pools, shall be enclosed
by a fence as follows:
(1)
Swimming
pools above and below the surface of the surrounding land shall be
completely enclosed by a fence. The fence shall be equipped with a
gate at all points of entry unless entry is directly from the main
or accessory structure. All gates and doors shall be equipped with
self-closing and self-latching devices and at least 4 feet in height.
(2)
The
more strict of the Zoning Ordinance or International Building Code
adopted will be enforced.
(Ordinance 99-0928-A adopted 10/12/21)
(a)
All
Zoning Districts.
(b)
Fences
in Residential Zoning Districts.
(1)
Fences
shall not be allowed within front yards, unless it’s a decorative
wooden picket or split rail fence, with a maximum height of three
(3) feet.
(2)
Fences
and walls located within the side or rear yard shall not exceed a
height of 6 feet.
(3)
Fences
and walls shall be constructed of materials such as wood, metal, brick,
stone, [or] vinyl having the appearance of wood. The finished side
of any fencing shall face outward towards the street or neighboring
properties.
(4)
Fences
shall not contain barbed wire, electric current or charge of electricity.
(c)
Nonresidential
Districts.
(1)
Fences
and walls shall be permitted in the side and rear yard in any nonresidential
district.
(2)
Fences
and walls in the nonresidential districts shall not exceed eight (8)
feet in height.
(3)
Fences
and walls shall be constructed of materials such as wood, metal, brick,
stone or vinyl having the appearance of wood. Poured concrete, concrete
block or other similar materials may only be used for walls not facing
a street or residential district. The finished side of the fence shall
face outward towards the street or neighboring property.
(d)
Retaining
Walls.
(1)
Retaining
walls shall not be located closer than two (2) feet to any property
line. Grades at the property line shall not be changed.
(2)
The
maximum height of any retaining wall shall be four (4) feet. Where
taller walls are required, the retaining wall shall be stepped or
tiered.
(3)
Retaining
walls shall be set back from all lot lines and shorelines a distance
equal to their height. For stepped or tiered retaining walls, each
tier shall be set back so that the cumulative total height of all
tiers equals the setback of the top tier.
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(4)
The Planning and Zoning Commission may approve taller retaining walls than allowed in paragraph (2) above and reduce the setbacks from that which is required in paragraph (1) or (3) above. They may also grant approval for such retaining wall, following a public hearing under section (2.09) [article 20], based upon the following criteria:
(a)
Steep topography on the site prevents development of the lot within
the limits set for the retaining wall height and setback. The decrease
in setback or increase in height shall be the minimum possible to
provide for a reasonable building site on the lot.
(b)
Views from adjacent property shall not be obstructed as a result
of the increased retaining wall height or decreased setback, above
and beyond the obstruction that would be caused by alternative construction
methods.
(c)
The impact to topography and woodlands shall be no more than the
impact from development of the site with a greater number of lower,
tiered retaining walls or other alternative construction methods.
(d)
Adequate emergency access is provided around the building site.
(5)
Retaining
walls shall be constructed of stone, brick, interlocking decorative
concrete block, wood or other similar quality material approved by
the Planning and Zoning Commission. The use of broken concrete or
slag for retaining walls shall not be permitted.
(Ordinance 99-0928-A adopted 10/12/21; Ordinance adopting Code)
(a)
On a
residential lot, a resident may store recreational vehicles and equipment,
such as motor homes, trailers, ATVs, and watercraft, in garages or
other accessory structures. Recreational vehicles or equipment may
be stored outdoors in the side or rear yard; provided the recreational
vehicle or equipment is owned by the resident of the dwelling on that
lot and the vehicle or equipment is located a minimum of five (5)
feet from the side or rear lot line.
(b)
In a
residential district, recreational vehicles and equipment may only
be stored outdoors on the same lot as the owner’s principal
dwelling.
(c)
Recreational
vehicles and equipment shall not be parked or stored on a public right-of-way.
(d)
Recreational
vehicles and equipment shall not be permanently affixed to the ground
as a principal or accessory structure on a lot in any district. All
recreational equipment parked or stored shall not be connected to
sanitary facilities. Motor homes, travel trailers, or camping trailers
shall not be occupied for dwelling purposes, except in a lawfully
established mobile home park or campsite.
(e)
Tents shall not be erected, used, or maintained on any lot, except small tents that are customarily used for recreation purposes and are located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business, or manufacturing purposes shall be permitted when a permit has been issued by the Planning and Zoning Commission and Permitting Vendor in accordance with provisions set forth in article (13.01) [section 13.10].
(f)
Boats
may be parked or stored in the open when customary in the operations
of a lawfully established principal use, and one boat may be stored
or parked on a lot containing a dwelling provided that it shall be
located in side, rear or waterfront yard setback a minimum of five
(5) feet from all lot lines; provided it is owned by the resident
of the dwelling of said lot (13.06(a)). There shall be no major repair,
disassembly, or rebuilding operations conducted on the lot.
(Ordinance 99-0928-A adopted 10/12/21; Ordinance adopting Code)
(a)
The
storage or parking of semi-tractor trucks and/or semi-trailers, bulldozers,
earth carriers, cranes or any other similar equipment or machinery
in residential district[s] is prohibited with the exception of the
following:
(1)
Semi-trailers,
shipping containers and other types of storage units may not be parked
or stored in a residential zoning district, except when a resident
is moving into or out of a dwelling.
(2)
Construction
vehicles may be parked while in use for approved construction on the
property only while a current building permit is in effect or during
other site landscaping or utility work not subject to a building permit.
Such vehicles shall only be parked on the property while in use for
a construction project that is being diligently carried on toward
completion.
(b)
In all
nonresidential districts, semi-trailers may not remain on any property
longer than 30 days while being parked, stored, repaired, or sold.
Only one (1) such semi-trailer may be parked, stored, repaired, or
sold in any 12-month period. Only properly approved semi-trailer dealers
operating in properly zoned districts are exempt from this requirement.
Storage of semi-trailers, shipping containers and other types of storage
units shall only be permitted in the industrial districts as an accessory
use to an approved industrial use.
(Ordinance 99-0928-A adopted 10/12/21)
In all zoning districts, entranceway structures, including but
not limited to walls, columns and gates marking entrances to subdivisions,
multiple-family housing projects, business centers and industrial
and office parks may be permitted and may be located in a required
yard.
(Ordinance 99-0928-A adopted 10/12/21)
Storage buildings and other buildings that are accessory to
a nonresidential use shall be permitted subject to the same restrictions
as the principal use and building. Accessory buildings for commercial,
office, institutional or industrial uses shall be subject to the same
district dimensional requirements (setbacks and height) as the principal
building.
(Ordinance 99-0928-A adopted 10/12/21)
